Law and Rights
It was during the G20 protests in April 2009 that the death of Mr Ian Tomlinson occurred. After a short misconduct hearing held in public, Simon Harwood - the Police Officer who struck Ian Tomlinson on the left leg with a baton and moments later pushed him to the ground - has been dismissed from the Police for gross misconduct. Mr Tomlinson was helped to his feet by a member of the public and walked away. He collapsed a short distance away and died.
The Independent Police Complaints Commission investigation report of 24th August 2010 is a thorough analysis of the events on the day Ian Tomlinson died.
ITV News covered the misconduct hearing held on 17th September 2012. Simon Harwood accepted that his actions amounted to gross misconduct and it emerged that he had offered to resign on two occasions. However, Harwood did not accept that his actions inadvertently caused or contributed to Ian Tomlinson's death.
In the event, after submissions by Patrick Gibbs QC (representing Simon Harwood), the hearing decided not to deal with the question of "causation" - see the Metropolitan Police Service Statement 17th September 2012
As reported by ITV News, the Regulation 21 notice issued to PC Simon Harwood stated that:
The inclusion of the reference to causation in the Regulation 21 notice may have engendered some hope that the hearing would consider it but, even if the hearing had done so, it would not be a determination of legal liability since only either a criminal trial or a civil action can decide legal liability. Criminal liability was addressed at Harwood's trial and he was acquitted of manslaughter.
There are few, if any, grounds for satisfaction in this case.
There was the initial decision not to prosecute but this was changed after the Coroner's court decided that the death was "unlawful killing."
At his criminal trial, Simon Harwood was acquitted of manslaughter. The Coroner's Court returned a verdict of "unlawful killing." In law, that is not a finding of legal liability since Statutory Rules applicable to inquests prevent Coroners from framing a verdict in such a way as to appear to determine any question of - (a) criminal liability on the part of a named person, or (b) civil liability. See The Guardian 19th July 2012 - Ian Tomlinson's family faced with two contradictory verdicts. This situation is an inherent possibility in any system which divides up the the determination of criminal liability across various courts. Criminal liability decided by Crown Court or Magistrates' Court; civil liability decided by the High Court or County Courts and Inquests into deaths (Coroner's courts).
The first pathologist to examine Ian Tomlinson was Dr "Freddy" Patel - see BBC 23 August 2012 and also the findings of the Fitness to Practice Panel of the Medical Practitioners Tribunal Service. The Fitness Panel directed that Patel's name be removed from the medical register.
Yet another point relates to Simon Harwood's disciplinary record prior to the Tomlinson situation. The IPCC investigation report noted (at para. 348):
PC Harwood?s return to the MPS in 2004, despite the findings of an investigation by the MPS some three years earlier that he had a case to answer for serious misconduct, raises concerns about MPS vetting procedures and decision-making, including in the movement of officers between uniformed and civilian roles. While this did not form part of our investigation the MPS should ensure that its procedures in this area are properly tightened.
The Metropolitan Police statement of 17th September ends:
"Simon Harwood does not reflect the professionalism of the majority of officers working in public order, often in the most difficult of circumstances. I hope that this one officer's actions in 2009 does not taint the public opinion of officers who have worked tirelessly this year supporting events such as the Jubilee and of course the Olympics."
The Tomlinson family have criticised the hearing calling it a "whitewash" - see G20 Death: Family condemns Whitewash They are particularly critical of the decision not to consider causation.
Previous Posts:
22nd July 2010 - Death of Mr Ian Tomlinson - no charges to be brought
27th July 2010 - Ian Tomlinson death: Disciplinary hearing - will it be in public?
28th July 2010 - Police Professional Standards
4th October 2010 - The Ian Tomlinson case - further controversy
15th April 2011 - The Ian Tomlinson Inquest
3rd May 2011 - Ian Tomlinson Inquest - Unlawful Killing verdict
24th May 2011 - The Ian Tomlinson case - a manslaughter prosecution
19th July 2012 - Death of Mr Ian Tomlinson - PC Harwood acquitted
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- The Ian Tomlinson Inquest
It has been interesting to follow the inquest into the death, on 1st April 2009, of Mr Ian Tomlinson. The Inquest has (very commendably) set up a website which offers a great deal of information including transcripts of the hearings. The hearings...
- The Ian Tomlinson Case - Further Controversy
In July, it was announced that no criminal charges were to be brought against the Police Officer (P.C. Harwood) who pushed Mr Ian Tomlinson - see here. There has still to be an inquest into Mr Tomlinson's death and this is not likely to happen...
- Ian Tomlinson Death: Disciplinary Hearing - Will It Be In Public?
The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July. Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal...
- Death Of Mr Ian Tomlinson - No Charges To Be Brought
Mr Ian Tomlinson died in Threadneedle Street, London on 1st April 2009. Almost 16 months later, the Crown Prosecution Service has announced that no criminal charges will be pursued against the Police Officer who, whilst with other officers controlling...
Law and Rights
Death of Ian Tomlinson - Harwood dismissed from the Police
The Independent Police Complaints Commission investigation report of 24th August 2010 is a thorough analysis of the events on the day Ian Tomlinson died.
ITV News covered the misconduct hearing held on 17th September 2012. Simon Harwood accepted that his actions amounted to gross misconduct and it emerged that he had offered to resign on two occasions. However, Harwood did not accept that his actions inadvertently caused or contributed to Ian Tomlinson's death.
In the event, after submissions by Patrick Gibbs QC (representing Simon Harwood), the hearing decided not to deal with the question of "causation" - see the Metropolitan Police Service Statement 17th September 2012
As reported by ITV News, the Regulation 21 notice issued to PC Simon Harwood stated that:
Being a member of the Metropolitan Police Service you did not reach the requirements contained within the Standards of Professional Behaviour in that:You were on duty on 1st April 2009 in the vicinity of Cornhill and the Royal Exchange Buildings in the City of London.
At about 7.00pm you took it upon yourself to join a cordon of 20 other police officers including six police dogs tasked with clearing the pedestrian area that makes up the Royal Exchange Buildings.
At about 7.20pm as the clearance task concluded you stepped forward andThe misconduct hearing was held under the Police (Conduct) Regulations 2008 Under Regulation 35, dismissal without notice is the harshest penalty which may be imposed.
a) struck Mr Tomlinson on his left thigh with your baton;
b) pushed Mr Tomlinson so that he fell to the ground; and
c) such dangerous actions inadvertently causing or contributing to the death of Mr Tomlinson on 1st April 2009.
The inclusion of the reference to causation in the Regulation 21 notice may have engendered some hope that the hearing would consider it but, even if the hearing had done so, it would not be a determination of legal liability since only either a criminal trial or a civil action can decide legal liability. Criminal liability was addressed at Harwood's trial and he was acquitted of manslaughter.
There are few, if any, grounds for satisfaction in this case.
There was the initial decision not to prosecute but this was changed after the Coroner's court decided that the death was "unlawful killing."
At his criminal trial, Simon Harwood was acquitted of manslaughter. The Coroner's Court returned a verdict of "unlawful killing." In law, that is not a finding of legal liability since Statutory Rules applicable to inquests prevent Coroners from framing a verdict in such a way as to appear to determine any question of - (a) criminal liability on the part of a named person, or (b) civil liability. See The Guardian 19th July 2012 - Ian Tomlinson's family faced with two contradictory verdicts. This situation is an inherent possibility in any system which divides up the the determination of criminal liability across various courts. Criminal liability decided by Crown Court or Magistrates' Court; civil liability decided by the High Court or County Courts and Inquests into deaths (Coroner's courts).
The first pathologist to examine Ian Tomlinson was Dr "Freddy" Patel - see BBC 23 August 2012 and also the findings of the Fitness to Practice Panel of the Medical Practitioners Tribunal Service. The Fitness Panel directed that Patel's name be removed from the medical register.
Yet another point relates to Simon Harwood's disciplinary record prior to the Tomlinson situation. The IPCC investigation report noted (at para. 348):
PC Harwood?s return to the MPS in 2004, despite the findings of an investigation by the MPS some three years earlier that he had a case to answer for serious misconduct, raises concerns about MPS vetting procedures and decision-making, including in the movement of officers between uniformed and civilian roles. While this did not form part of our investigation the MPS should ensure that its procedures in this area are properly tightened.
The Metropolitan Police statement of 17th September ends:
"Simon Harwood does not reflect the professionalism of the majority of officers working in public order, often in the most difficult of circumstances. I hope that this one officer's actions in 2009 does not taint the public opinion of officers who have worked tirelessly this year supporting events such as the Jubilee and of course the Olympics."
The Tomlinson family have criticised the hearing calling it a "whitewash" - see G20 Death: Family condemns Whitewash They are particularly critical of the decision not to consider causation.
Previous Posts:
22nd July 2010 - Death of Mr Ian Tomlinson - no charges to be brought
27th July 2010 - Ian Tomlinson death: Disciplinary hearing - will it be in public?
28th July 2010 - Police Professional Standards
4th October 2010 - The Ian Tomlinson case - further controversy
15th April 2011 - The Ian Tomlinson Inquest
3rd May 2011 - Ian Tomlinson Inquest - Unlawful Killing verdict
24th May 2011 - The Ian Tomlinson case - a manslaughter prosecution
19th July 2012 - Death of Mr Ian Tomlinson - PC Harwood acquitted
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- The Ian Tomlinson Inquest
It has been interesting to follow the inquest into the death, on 1st April 2009, of Mr Ian Tomlinson. The Inquest has (very commendably) set up a website which offers a great deal of information including transcripts of the hearings. The hearings...
- The Ian Tomlinson Case - Further Controversy
In July, it was announced that no criminal charges were to be brought against the Police Officer (P.C. Harwood) who pushed Mr Ian Tomlinson - see here. There has still to be an inquest into Mr Tomlinson's death and this is not likely to happen...
- Ian Tomlinson Death: Disciplinary Hearing - Will It Be In Public?
The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July. Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal...
- Death Of Mr Ian Tomlinson - No Charges To Be Brought
Mr Ian Tomlinson died in Threadneedle Street, London on 1st April 2009. Almost 16 months later, the Crown Prosecution Service has announced that no criminal charges will be pursued against the Police Officer who, whilst with other officers controlling...